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2022 Supreme(Telangana) 29

UJJAL BHUYAN, A.VENKATESHWARA REDDY
Kedari Sriharsha Shashank – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
For the Petitioner: Rusheek Reddy K.V.
For the Respondent: Raja Shekar Rao Salvaji.

ORDER :

Ujjal Bhuyan, J.

Heard Mr. K.V. Rusheek Reddy, learned counsel for the petitioner and Mr. Raja Shekar Rao Salvaji, learned Standing Counsel for the respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondent – State Bank of India, Stressed Assets Management Branch, Hyderabad, to refund to the petitioner the additional amount proportionate to the price of the deficit land admeasuring 44 sq. yards in respect of the schedule property purchased by the petitioner in the e-auction conducted by the respondent.

3. Case of the petitioner is that respondent had issued a notice dated 20.02.2019 under Rule 9 (1) of the Security Interest (Enforcement) Rules, 2002 (referred to hereinafter as ‘the SARFAESI Rules’) for holding e-auction of the schedule property. Details of the schedule property have been mentioned by the petitioner in the affidavit supporting the writ petition, which for the sake of convenience are extracted hereunder:

    “Land admeasuring 200 sq. yards of the property bearing No.3-117 with six shops in Ground Floor, undivided share of land admeasuring 105.00 Square Yards, Pr.87.79 Square Meters, having

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